[IOT] IRP-IOT call 8 August 2023: Agenda

Mike Rodenbaugh mike at rodenbaugh.com
Tue Aug 22 17:14:33 UTC 2023


Hi Becky, (copying in the list, as I suspect you intended)

I agree with your point that 'materially affected' is somewhat subjective.
How about this?

where the gTLD string that is the subject of the IRP is the same as, or is
a translation, transliteration or IDN of, or is a plural of, the
applied-for string

[image: Logo]

Mike Rodenbaugh

address:

548 Market Street, Box 55819

San Francisco, CA 94104

email:

mike at rodenbaugh.com

phone:

+1 (415) 738-8087


On Tue, Aug 22, 2023 at 7:37 AM Becky Burr <BBurr at hwglaw.com> wrote:

> "materially affecting" is ambiguous and will no doubt lead to further
> disputes.  I would be more comfortable if the standard required ICANN to
> notify an applicant where the string that is the subject of the IRP is the
> same as or merely a plural of the applied for string.
>
>
>
> J. Beckwith Burr
>
> HWG LLP | 1919 M Street N.W. | Washington, D.C. 20036
>
> office: +1 202 730 1316 | mobile: +1 202 352 6367
>
> bburr at hwglaw.com  | hwglaw.com
>
>
> ------------------------------
> *From:* IOT <iot-bounces at icann.org> on behalf of Arasteh via IOT <
> iot at icann.org>
> *Sent:* Tuesday, August 22, 2023 4:07:45 AM
> *To:* Mike Rodenbaugh
> *Cc:* iot at icann.org
> *Subject:* Re: [IOT] IRP-IOT call 8 August 2023: Agenda
>
> Dear all
> I could agree with Mike for the second case but DISAGREE for tge first case
> In  the first example the application was terminated inappropriately due
> to an invalid decision mixing up  a  an unfounded political
> Claim created from a political slogan in 1956 which did not have any valid
> ground
> The applicant should have strongly objected to the IRP conclusions
> Regards
> Arasteh
> Envoyé de mon iPhone
>
> Le 21 août 2023 à 22:51, Mike Rodenbaugh via IOT <iot at icann.org> a écrit :
>
> 
> As discussed on our call last week, I propose that the Rules require ICANN
> to notify gTLD applicants of an IRP complaint that seeks relief materially
> affecting their  application.  The time period for the notified applicants
> to file a request for intervention would begin on the notice date.
>
> We have seen two scenarios in the first round.
>
> 1. IRP Claimant is not an applicant.  This happened re the .PersianGulf
> TLD application.  IRP filed by a government requesting ICANN to terminate
> the application.
>
> 2.  IRP Claimant is applicant within a Contention Set.  This happened many
> times, including re .Merck, .Hotel and .Web.
>
> ICANN knows how to notify all gTLD applicants, as contact info is required
> in each application.  And, ICANN can easily tell from the face of an IRP
> complaint whether it seeks relief that would materially affect a gTLD
> application.  In such cases, ICANN should provide notice to the affected
> applicants and allow them opportunity to intervene.
>
> [image: Logo]
>
> Mike Rodenbaugh
>
> address:
>
> 548 Market Street, Box 55819
>
> San Francisco, CA 94104
>
> email:
>
> mike at rodenbaugh.com
>
> phone:
>
> +1 (415) 738-8087
>
>
> On Tue, Aug 8, 2023 at 9:29 AM Susan Payne via IOT <iot at icann.org> wrote:
>
>> All
>>
>> I am attaching a comparison document between the ICDR rule on
>> Consolidation and the small team proposal.  The column on the left has a
>> high level summary and the full text of the ICDR rule; on the right is the
>> equivalent for the Small team’s proposed IRP Supplementary procedures and
>> also gives a high level indication of how the current rules deal.
>>
>>
>>
>> I produced this for my own benefit to assist when reviewing the ICDR
>> process, but think that it could actually help us to structure our
>> discussion on agenda item 3.  There is no need to have reviewed this
>> therefore in advance, but it will hopefully be a convenient way to display
>> the relevant texts.
>>
>>
>>
>> Susan Payne
>> Head of Legal Policy
>> Com Laude
>> *T* +44 (0) 20 7421 8250
>> *Ext* 255
>>
>> <https://comlaude.com/>
>> <image007.png>
>>
>>
>> *We are pleased to launch our new YouTube channel
>> <https://t-uk.xink.io/Tracking/Index/bhkAAGVfAADw_RQA0>*
>>
>> *From:* IOT <iot-bounces at icann.org> *On Behalf Of *Susan Payne via IOT
>> *Sent:* Monday, August 7, 2023 5:44 PM
>> *To:* iot at icann.org
>> *Subject:* [IOT] IRP-IOT call 8 August 2023: Agenda
>>
>>
>>
>> All, please see below the agenda for our call tomorrow
>>
>>
>>
>>    1. Review agenda and updates to SOIs
>>    2. Action items:
>>       - BT to circulate text of the ICDR rule on consolidation
>>
>>                                                                i.      Done:
>> Art 8 Consolidation (page 18)
>>
>>    - All to review, with particular regard to the consolidation process
>>       and role of the consolidation arbitrator and come to the meeting ready to
>>       discuss
>>    1. Discussion on the ICDR process for consolidation
>>    2. Continue review and discussion of other elements of the small
>>    team’s proposed revision to Rule 7, to the extent not addressed by the
>>    above
>>    3. AOB
>>    4. Next call 15 August 1800 UTC
>>
>>
>>
>>
>>
>> Susan Payne
>> Head of Legal Policy
>>
>> <https://comlaude.com/>
>> <image008.png>
>>
>>
>> 28-30 Little Russell Street,
>> London WC1A 2HN, UK
>> *T* +44 (0) 20 7421 8250
>> *Ext* 255
>>
>> *comlaude.com <http://comlaude.com/>*
>>
>> *We are pleased to launch our new YouTube channel
>> <https://t-uk.xink.io/Tracking/Index/bhkAAFJfAADw_RQA0>*
>>
>> * <image009.png> * <https://www.linkedin.com/company/com-laude>
>> * <image010.png> * <https://twitter.com/comlaude?lang=en>
>> * <image011.png> * <https://www.facebook.com/ComLaude/>
>> * <image012.png> * <https://www.youtube.com/@comlaude>
>>
>> <image013.jpg>
>>
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>> The contents of this email and any attachments are confidential to the
>> intended recipient. They may not be disclosed, used by or copied in any way
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>> message in error, please return it to the sender (deleting the body of the
>> email and attachments in your reply) and immediately and permanently delete
>> it. Please note that Com Laude Group Limited (the “Com Laude Group”) does
>> not accept any responsibility for viruses and it is your responsibility to
>> scan or otherwise check this email and any attachments. The Com Laude Group
>> does not accept liability for statements which are clearly the sender's own
>> and not made on behalf of the group or one of its member entities. The Com
>> Laude Group is a limited company registered in England and Wales with
>> company number 10689074 and registered office at 28-30 Little Russell
>> Street, London, WC1A 2HN England. The Com Laude Group includes Nom-IQ
>> Limited t/a Com Laude, a company registered in England and Wales with
>> company number 5047655 and registered office at 28-30 Little Russell
>> Street, London, WC1A 2HN England; Valideus Limited, a company registered in
>> England and Wales with company number 6181291 and registered office at
>> 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a
>> company registered in Scotland with company number SC197176 and registered
>> office at 15 William Street, South West Lane, Edinburgh, EH3 7LL Scotland;
>> Consonum, Inc. dba Com Laude USA and Valideus USA, a corporation
>> incorporated in the State of Washington and principal office address at
>> Suite 332, Securities Building, 1904 Third Ave, Seattle, WA 98101; Com
>> Laude (Japan) Corporation, a company registered in Japan with company
>> number 0100-01-190853 and registered office at 1-3-21 Shinkawa, Chuo-ku,
>> Tokyo, 104-0033, Japan; Com Laude Domain ESP S.L.U., a company registered
>> in Spain and registered office address at Calle Barcas 2, 2, Valencia,
>> 46002, Spain. For further information see www.comlaude.com
>> <https://comlaude.com/>
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